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Al-Skeini and Others v. the United Kingdom, No. 55721/07, ECtHR (Grand Chamber), 7 July 2011

Abstract

Terrorism. Death of civilians during military operations led by the UK in Iraq within the war on terror. Right to life. Obligation to carry out effective investigations. Violation of art. 2 ECHR.  

Normative references

Art. 1 ECHR
Art. 2 ECHR

Ruling

1. During military operations carried out by the United Kingdom in cooperation with the United States within the so-called war on terror in Iraq, it is possible to affirm the jurisdiction of the United Kingdom pursuant to art. 1 ECHR. 

2. As a consequence, the United Kingdom had a duty to carry out effective investigations into the killing of several civilians during a shooting in Iraq. Since the United Kingdom has never opened an effective and independent investigation into these deaths, there has been a violation of the procedural limb of art. 2 ECHR. 

Notes

The Al-Skeini judgment is considered to be a leading case in the field of the so-called extraterritorial effect of human rights.